HomeMy WebLinkAboutOrdinances (O-98-1089)-02/03/1998
ORDINANCE 0-98-1089
AN ORDINANCE WHEREBY THE CITY OF
COLLEYVILLE, TEXAS AND SOUTHWESTERN BELL
TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 0-92-877, AS AMENDED BY
ORDINANCE NO. 0-93-896, TO PROVIDE AN
AMENDMENT TO THE CURRENT FRANCHISE
AGREEMENT
HEREAS, the City of Colleyville, hereinafter referred to as the "CITY" adopted and
approved Ordinance No. 0-92-877 on September 1, 1992, as amended by
Ordinance No. 0-93-896, adopted on April 6, 1993, which was accepted by
Southwestern Bell Telephone Company, hereinafter referred to as the
"TELEPHONE COMPANY" on May 6, 1993 (hereinafter referred to as
Ordinance No. 0-92-877); and
HEREAS, TELEPHONE COMPANY and the CITY desire to extend the term of
Ordinance No. 0-92-877 as provided in this Ordinance; and
HEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE
COMPANY that the term of Ordinance No. 0-92-877 be extended.
OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OLLEYVILLE, TEXAS, THAT;
THAT the CITY and TELEPHONE COMPANY agree to amend Ordinance 0-
92-877, as amended by Ordinance 0-93-896, to provide an amendment to
the current Franchise Agreement, extending the agreement until December
31,1998.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and clause hereof as an alternative
method of publication provided by law.
ND IT IS SO ORDERED:
e first reading and public hearing being conducted on the 2 0 ~
1998.
day of
he second reading and public hearing being conducted on the
ay of @ril/lIt 1998.
3-J
rdinance 0-98-1089
age 2 of 2
e Harris, CMC
ity Secretary
PPROVED AS TO FORM AND LEGALITY:
CITY OF COLLEYVILLE
~~h~
ichard Newton
Mayor
Southwestern Bell Telephone
@ Southwestern Bell
November 14, 1997
The Honorable Richard Newton
Mayor, City of Colleyville
5400 Bransford Road
Colleyville, Texas 76034
Dear Mayor Newton:
This is in reference to City Ordinance No. 0-92-877 passed September 1, 1992, amended
by City Ordinance No. 0-93-896 passed April 6, 1993 relating to Southwestern Bell
Telephone Company, which will expire December 31, 1998. As long as no other
telecommunication provider has applied for access to the City's rights-of-way in order
to provide local service, Southwestern Bell is proposing that the current ordinance be
amended to extend its term and to provide for automatic annual renewal thereafter.
Attached for the City's review and formal action, is an amending ordinance to provide
for extension of the term. Upon approval, please return in the attached self-addressed
envelope one signed copy.
Section 2 of the proposed amending ordinance are changes needed in light of the revised
Public Utility Regulatory Act of 1995 enacted by the 74th Texas State Legislature. This
law mandates that cities cannot discriminate between telecommunications companies in
the rules for right-of-way use, or the fees the city charges for such use. Our proposed
language will help position the City and Southwestern Bell to jointly respond in an
appropriate way under the revised law should another telephone service provider propose
to serve customers in Colleyville. These additions are necessary, in our opinion, for any
amendments to ordinances after the September 1, 1995 effective date of the law.
Assuming the City approves, and since the other provisions of Ordinance Numbers 0-92-
877 and 0-93-896 remain unchanged, the annual payment due the City for the year
beginning January 1, 1998 will be no less than the amount for the current year. A
separate letter confirming this payment will be sent after the city acts to extend the
current ordinance.
The City's favorable consideration of our proposal at the earliest convenience will be
appreciated. Should you have any questions, please call me on (817) 338-6764.
Sincerely,
~Q/"! TU"~!
Area Manager-External Affairs
Enclosure
j
'S e,1fI<
city Of
Texas
February 6,1998
Gary Terry
Area Manager-External Affairs
Southwestern Bell Telephone
1240 Park Place
Hurst, Texas 76053
Dear Terry:
In regard to the request from Southwestern Bell that the City of Colleyville amend the
current franchise agreement, I have reviewed the information provided by Robert Burton.
I am prepared to recommend to the Colleyville City Council that they adopt an ordinance
that extends the existing agreement until December 31, 1998, and authorize me to sign the
proposed agreement (enclosure). The ordinance would be similar to the one adopted by
the City of Bedford (enclosure). This item will be placed on the February 17 City Council
agenda for consideration.
Please let me know if you have any questions.
Sincerely,
\SV\l
C. Robert Stripling
City Manager
enclosures
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
FEB-03-1998 15:53
SI.JBT GAR'l' TERRY
@ Southwestern Bell Telephone
'~The One to CiJlJ On'~,."
February 3, 1998
'-1r."
At/2 Manager
TO:
Bob Stripling
FROM:
Gary Terry
RE: Southwestern Bell Municipal Fee Ordinance
Bob,
I hope this does not presenf a problem, but I must request that the
second' reading of our extension ordinance be tabled for the February 3.
1998 meeting. Some how, we got our wires crossed and are unable to
attend your council meeting tonight
Please place it on the February 1'P' agenda if possible.
'240 PadrPlaal
f\mIt TfIiIS 7Ql53
1laIIe 817 J38.6764
i1X817596-3G
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